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Landlord Guide

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<strong>Landlord</strong> <strong>Guide</strong>


“Being asked to look after<br />

a <strong>Landlord</strong>’s property is a<br />

serious responsibility. One<br />

of the most important things<br />

in managing a property is<br />

trust. If a landlord is living<br />

hundreds of miles away they<br />

need to know they have an<br />

agent they can rely on. It’s<br />

all about personal service<br />

and treating the <strong>Landlord</strong>’s<br />

property the same way I<br />

would treat my own.”<br />

Michael Clarke MARLA, Lettings Director<br />

2


Welcome to<br />

Mackenzie Smith Property<br />

Lettings & Management<br />

We are passionate about delivering the highest standards of personal<br />

and professional service to our clients from the initial valuation through<br />

to the end or renewal of a tenancy.<br />

The area we cover is between junction 4 and 6 of the<br />

M3 across a wide area of North Hampshire and over<br />

the borders into Surrey and Berkshire, covering key<br />

commuter locations and appealing character settings,<br />

in and around Farnborough, Fleet, Ash Vale, Hook and<br />

Hartley Wintney.<br />

We believe that each of our clients should receive a<br />

highly tailored personal service, to feel as if they were<br />

our only client; and use our detailed local knowledge<br />

to provide accurate valuation advice to aid our clients’<br />

decision making.<br />

Michael Clarke MARLA<br />

Lettings Director<br />

Within this guide you will find all the details about the<br />

lettings process, our services and landlord obligations,<br />

though we are always on hand to answer any<br />

questions you may have.<br />

We look forward to being of service.<br />

3


“As landlords, the professional relationship<br />

with our letting agent is critical to the success<br />

of our property let. Michael has a pleasant,<br />

calm and professional personality coupled with<br />

knowledge, experience and clear capability<br />

in the letting market. The professional input,<br />

excellent service and personal support has been<br />

extremely valued over the years and we honestly<br />

believe Michael is an excellent letting agent.”<br />

Mr & Mrs S<br />

4


Becoming a <strong>Landlord</strong><br />

Becoming a landlord can be quite daunting however we endeavour to<br />

provide all the support our clients need to have a smooth let and to provide<br />

opportunities should a landlord wish to expand their portfolio.<br />

Whatever your reasons for letting your property we are<br />

able to help. Mackenzie Smith offer a range of service<br />

levels depending on our clients requirements providing<br />

full property management, letting and rent collection<br />

or tenant finding services.<br />

Homeowners and property investors alike have many<br />

demands on their time and cannot always be available<br />

to handle day to day events in connection with their let<br />

and or to let properties.<br />

Full Management offers a comprehensive solution<br />

to the smooth running of a tenancy; we can deal<br />

with a spectrum of maintenance issues from full<br />

redecoration to fixing a leak, with our database of<br />

reliable contractors and craftsmen on hand to respond<br />

to everyday or emergency calls as soon as possible.<br />

ARLA Membership<br />

Mackenzie Smith Property Lettings<br />

& Management are members of the<br />

Association of Residential Letting<br />

Agents (ARLA), the only professional<br />

membership and regulatory body for<br />

lettings agents in the UK.<br />

ARLA members are qualified<br />

professionals who adhere to a strict<br />

code of conduct and must have the<br />

appropriate professional indemnity<br />

insurance; membership of ARLA also<br />

indicates we are covered by the Client<br />

Money Protection Scheme and that our<br />

clients have a route to redress through<br />

the Property Ombudsman service.<br />

5


The Process<br />

1 Valuation and Advice<br />

During the initial visit our experienced lettings<br />

consultant will meet with you at the property<br />

to carry out a rental valuation, taking into<br />

consideration the location, size and condition of<br />

the property, fixtures and furnishings, as well as<br />

local demand and your objectives.<br />

As a landlord you will need to consider the type<br />

of tenant that will be allowed and will be advised<br />

of any improvements or alterations that might<br />

need to be made to achieve a better rental value.<br />

The aim is to let your property at the best<br />

price in a timeframe that suits you; we are very<br />

experienced and our valuation assessment<br />

reflects this.<br />

Rental valuation is more sensitive than ever;<br />

overpricing by as little as £50 - £100 PCM can<br />

act as a barrier which could stop prospective<br />

tenants from finding your property online to<br />

consider it.<br />

Overpricing can result in void periods which can<br />

in a short time add up to greater losses than<br />

would be faced taking a slightly lower rent PCM.<br />

Our valuation appraisal will be supported by the<br />

provision of comparable let or to let properties<br />

for your reassurance.<br />

2 Service Level<br />

Once a decision has been made to let the<br />

property through Mackenzie Smith there are<br />

a range of service options available. Often the<br />

preferred level is Full Management as this takes<br />

the work away from you and places the onus on<br />

us to make all the arrangements and act as the<br />

key contact for the tenant. We also provide a<br />

rent collection or tenant finding services.<br />

The fee for each service level is a different<br />

percentage of the monthly rental income. In<br />

addition to the monthly fee there is an initial<br />

administration fee which will cover all the work<br />

involved in preparing the Tenancy Agreement.<br />

Additional fees may apply for the preparation of<br />

the EPC, professional photography and<br />

floor plan.<br />

When an existing tenancy is renewed for a<br />

further term there is an extended agreement fee.<br />

3 Preparation<br />

Presenting your property correctly is a good way<br />

of attracting high quality tenants. This will enable<br />

you to secure the best rental return. Sticking<br />

to neutral classic, traditional or simple modern<br />

styles of decor will appeal to the widest audience<br />

of prospective tenants.<br />

Prior to marketing the property an EPC must be<br />

acquired, this is a legal requirement. The EPC or<br />

Energy Performance Certificate is provided by a<br />

qualified Domestic Energy Assessor and provides<br />

a rating for energy efficiency and environmental<br />

impact. The EPC will be valid for 10 years so can<br />

be used for multiple tenancies during that time.<br />

We can arrange the EPC assessment for the<br />

landlord and would be happy to advise you of<br />

the likely cost.<br />

We let furnished and unfurnished properties;<br />

there is no difference in the legal rights or<br />

obligations for the landlord. An unfurnished<br />

property should include flooring, curtains and<br />

light fittings, a fitted kitchen with appliances and<br />

a fitted bathroom.<br />

6


Service Options Overview<br />

Full<br />

Management<br />

Rent<br />

Collection<br />

Tenant<br />

Finding<br />

Lettings Consultation ✓ ✓ ✓<br />

Arrangement of EPC (if not in place)* ✓ ✓ ✓<br />

Comprehensive marketing and advertising to find a tenant ✓ ✓ ✓<br />

Accompanied viewings ✓ ✓ ✓<br />

Full referencing and credit checks<br />

(and guarantors if applicable)<br />

✓ ✓ ✓<br />

Negotiation of the terms of the tenancy ✓ ✓ ✓<br />

Tenancy agreement preparation and signing* ✓ ✓ ✓<br />

Arrangement of electrical safety inspection* ✓ ✓ ✓<br />

Arrangement of gas safety inspection* ✓ ✓ ✓<br />

Collection of tenants security deposit and<br />

advance rent<br />

Registration of the deposit with the TDS and holding of<br />

the deposit<br />

Arrangement of independent inventory and schedule<br />

of condition*<br />

Arrangement of inventory check in and check<br />

our reports*<br />

Initial rent receipt and remittance to landlords bank<br />

account via BACS<br />

✓ ✓ ✓<br />

✓ ✓ ✓<br />

✓ ✓ ✓<br />

✓ ✓ ✓<br />

✓ ✓ ✓<br />

Ongoing rent receipt and remittance to landlords bank<br />

account via BACS<br />

Arranging maintenance repairs and estimates<br />

where appropriate<br />

Ensure completion of maintenance and repairs<br />

Arrangement of payment outgoings<br />

Liaising with landlord and tenant at all times<br />

✓<br />

✓<br />

✓<br />

✓<br />

✓<br />

✓<br />

Provision of monthly statements ✓ ✓<br />

Quarterly property inspections with photographic reports<br />

where requested<br />

Arranging tenancy renewals and rent increases where<br />

appropriate<br />

✓<br />

✓<br />

✓<br />

Managing the check-out process ✓ ✓<br />

Advise utility companies of all meter readings and register<br />

them in the tenants name<br />

Deposit reconciliation<br />

Keyholding service<br />

✓<br />

✓<br />

✓<br />

✓<br />

* additional charges apply<br />

7


The Process continued<br />

The quality and level of furnishing will have an<br />

impact on which tenants are attracted to the<br />

property; providing a welcoming home which<br />

instils pride in the occupier will be likely to result<br />

in a responsible and respectful attitude from<br />

the tenant. Safety and fire regulations regarding<br />

furnishings do apply; this is detailed within the<br />

Important Information for <strong>Landlord</strong>s section<br />

later in this guide.<br />

4 Inventories and<br />

Schedule of Condition<br />

The Inventory is an important document as it<br />

provides a comprehensive approved record of<br />

the condition of the property for both landlord<br />

and tenant. This document provides accurate<br />

information about the property at the start and<br />

end of the tenancy.<br />

Although appropriate wear and tear must be<br />

considered the inventory provides reassurance to<br />

both the landlord and tenant that there is a mutual<br />

understanding about the condition of the property<br />

to avoid any disputes at the end of the tenancy.<br />

We work with members of the Association of<br />

Independent Inventory Clerks who are able to<br />

supply detailed inventories for a property of any<br />

size and level of furnishing. The tenant usually<br />

pays for the check in cost.<br />

During check out differences between the<br />

inventory and the present condition of the<br />

property are identified and appropriate action<br />

can be taken. The landlord will usually pay for<br />

the check out.<br />

Whether furnished or unfurnished an inventory<br />

is crucial to record the condition of the property<br />

including carpets, curtains, paintwork, sanitary<br />

ware and the kitchen.<br />

Prior to the tenants moving in the inventory<br />

clerk will also take note of the meter readings<br />

for utilities. We will then make contact with the<br />

relevant suppliers informing them of the change<br />

of occupancy and correct meter readings. It<br />

is important for landlords to stop any repeat<br />

payments such as standing orders to the<br />

utility suppliers, but services should not be<br />

disconnected, especially in cold weather and to<br />

avoid delays in reconnection.<br />

Ask us for a quotation.<br />

5 Marketing<br />

Once instructed we will create a description of<br />

your property which will include a summary of<br />

the property, photographs, the EPC, floor plan<br />

and vital information such as the rental price and<br />

availability date.<br />

Good quality photography and a floor plan are<br />

essential as they will increase the response rate<br />

to our marketing activities.<br />

Our lettings staff are supported by a central<br />

marketing team that ensure all the marketing for<br />

our clients’ homes is up to date and innovative,<br />

we have embraced the changes that have arisen<br />

as a result of digital marketing.<br />

To guarantee our clients’ homes are highly visible<br />

to prospective tenants we list all property on<br />

nationally recognised property websites and their<br />

associated apps and affiliates, enabling us to<br />

reach a national as well as local audience.<br />

A growing percentage of property searches are<br />

taking place on mobile devices and we have<br />

responded to this by creating our own mobile<br />

optimised website.<br />

8


Feature property editorials allow us to generate<br />

extra promotion online through our Blog and<br />

Thistleblower newsletter as well as gaining local<br />

press coverage. We also use Facebook and<br />

Twitter to introduce properties to social networks.<br />

When you instruct us to let your home we<br />

use a very powerful marketing platform to<br />

support the process. Because we have our<br />

own in house team we are able to react<br />

quickly to any requirement from our offices<br />

and deliver a solution. This can range<br />

from a bespoke advertisement, to editorial<br />

releases and targeted email campaigns.<br />

An email alert service is available to tenants<br />

via www.mackenziesmith.co.uk. We also use<br />

our intelligent software system to match up<br />

applicants with your property.<br />

Like us on Facebook:<br />

facebook.com/mackenziesmithestateagent<br />

Follow us on twitter:<br />

twitter.com/MackenzieSmiths<br />

6 Viewings<br />

Prior to arranging a viewing we will gain a strong<br />

insight into the prospective tenants’ needs and<br />

their circumstances, to determine whether they<br />

are a suitable applicant for your property.<br />

We attend all viewings whether your property is<br />

occupied or vacant. If your property is currently<br />

let we arrange an appointment with the tenants<br />

in situ, who will be given adequate warning to<br />

meet the requirements of the Assured Shorthold<br />

Tenancy Agreement and to prepare the property<br />

for the viewing.<br />

We normally hold a set of keys for the<br />

convenience of all parties. This enables<br />

viewings to take place at an agreed time<br />

when the occupants are not present.<br />

7 Negotiating and<br />

Agreeing an Offer<br />

Once we receive an offer we will notify you<br />

and advise you of any special conditions to<br />

help you decide to accept the offer or not.<br />

We then negotiate on your behalf to ensure<br />

we achieve the best rental income for you.<br />

We will always act in your best interests to<br />

secure the best rental income with a suitable<br />

tenant. Once a mutually satisfactory conclusion<br />

is met we will put into action all the checks on<br />

the prospective tenant, the deposit procedure<br />

and other paperwork.<br />

8 Reference and<br />

Credit Checks<br />

Our aim is to find the best possible tenant for<br />

your property through a thorough selection<br />

process. Referencing and credit checks are<br />

essential to ensure that the tenant is reliable<br />

and meets the financial requirements to enable<br />

your let to proceed.<br />

This includes referencing the tenant by<br />

assessing their employment, renting and<br />

address history as well as their credit<br />

worthiness. If the tenancy is a corporate let, a<br />

company search will be carried out and trade<br />

references will be used. In some circumstances<br />

a guarantor may be required; references<br />

will still be carried out in the normal way.<br />

9


The Process continued<br />

Strict referencing at this point reduces the<br />

likelihood of encountering potential problems<br />

during the tenancy. Marketing will continue until<br />

the referencing process has been completed.<br />

Mackenzie Smith carries out all referencing<br />

through an approved independent<br />

referencing company.<br />

9 Signing the Tenancy<br />

Agreement<br />

The Assured Shorthold Tenancy Agreement,<br />

or other agreement where applicable, outlines<br />

the agreed responsibilities of both landlord and<br />

tenant. It is important that this is thoroughly read<br />

and understood by both parties before signing as<br />

it is a legally binding document.<br />

The Tenancy Deposit Scheme (TDS) is an<br />

insurance backed deposit protection and dispute<br />

resolution service run by The Dispute Service,<br />

established in 2003 to provide independent<br />

dispute resolution and complaints handling for<br />

the lettings industry. The TDS as an independent<br />

service provides a safeguard for both parties.<br />

Their role is to resolve any dispute relating to<br />

the deposit and to hold disputed monies until<br />

disagreements are resolved. The decision by<br />

The Dispute Service is binding on both parties.<br />

The TDS scheme is designed to protect both the<br />

landlord and tenant. The insurers will only do this<br />

for registered agents and as members of ARLA<br />

we are legally required to register a deposit on<br />

your behalf. If you require further information on<br />

TDS a link is available via our website.<br />

10 The Deposit<br />

At the commencement of a tenancy the tenant<br />

pays 1.5 months’ rent as their security deposit.<br />

This is registered with the Tenancy Deposit<br />

Scheme (TDS) and is then held by Mackenzie<br />

Smith in a deposit account as stakeholders for<br />

the duration of the tenancy<br />

This deposit is held on account to cover any<br />

costs that need to be recovered from the tenant<br />

identified during the check out process. Provided<br />

there are no disputes the deposit monies will be<br />

returned in full at the end of the tenancy. The<br />

deposit must be returned within 10 days of the<br />

tenancy provided there is no dispute, if this is not<br />

the case the matter is referred to the TDS.<br />

11 Tenants Move In<br />

We will supply tenants with the agreed number of<br />

keys and ensure they have the correct inventory<br />

and agreement information in hand for their<br />

move in day.<br />

As part of the negotiation we will have agreed<br />

the number of inspection visits that will be<br />

carried out throughout the year to check that the<br />

property is being well looked after.<br />

Tenants will be advised of the correct contact,<br />

either for the property management team<br />

or landlord depending on the service option<br />

selected, in case there are any issues, break<br />

downs or repairs that the appropriate party need<br />

to be made aware of and act upon.<br />

10


A small gesture can go a long way in building a<br />

good relationship with tenants, which in turn can<br />

lead to them showing an even greater respect<br />

for the property. Leaving a folder with instruction<br />

manuals is very useful and can help ensure the<br />

good care of your appliances. Finishing touches<br />

like labelling individual sets of keys or leaving a<br />

welcome card shows thoughtfulness a tenant is<br />

likely to repay.<br />

It is particularly important to leave full instructions<br />

for any security alarm systems that are in place.<br />

For systems with a 24-hour service contract<br />

keyholders and the local police should be<br />

advised of the arrangements. The maintenance<br />

of the security system is the responsibility of<br />

the landlord.<br />

For the various utilities supplied to the house the<br />

suppliers must be advised of any meter readings<br />

and the change of responsibility. Mackenzie Smith<br />

will take care of the gas and electricity suppliers,<br />

advising them of the meter readings and new<br />

contact details. Closing accounts will usually be<br />

sent to Mackenzie Smith for final payments.<br />

We will arrange the transfer of the water accounts<br />

to the new tenant. Metered charges, water and<br />

sewerage rates are the responsibility of the<br />

tenant. We will also contact the relevant local<br />

authority to advise them of the residents name<br />

and start date of the new tenancy; the tenants<br />

are responsible for paying Council Tax for the<br />

property during the tenancy period. <strong>Landlord</strong>s<br />

are responsible for Council tax until a tenant<br />

moves in and become responsible again when<br />

they move out.<br />

Telephone lines and TV aerials are the landlords’<br />

responsibility. The landlord must close their own<br />

account and the tenant initiate theirs as the<br />

associated suppliers will not accept third<br />

party nominations.<br />

We strongly advise any landlord to take up the<br />

Post Offices’ redirection service. There will also<br />

be a number of contacts and suppliers that you<br />

will want to advise if you are moving out of the<br />

property; TV licence, banks, credit cards, loyalty<br />

clubs, charities, subscriptions to newspapers or<br />

magazines, the DVLA and media suppliers will all<br />

need to be updated. www.iammoving.com can<br />

provide a service that can make updating<br />

all these parties much easier.<br />

12 Tenants Extensions<br />

and Checking Out<br />

Approximately 10 weeks before the tenancy is<br />

due to expire the appropriate notices (under the<br />

Housing Act 1988) will be issued to the landlord<br />

and tenant.<br />

The landlord must decide if they wish to continue<br />

to let the property and if so the tenant must<br />

decide if they wish to extend their tenancy. If so<br />

we will draw up an agreement outlining the length<br />

of the extension and any other changes such<br />

as rent so that the extended tenancy is officially<br />

documented. There is a charge for this, please<br />

ask for further details.<br />

11


The Process continued<br />

If the current tenant is checking out, the<br />

independent inventory clerk will check the<br />

condition of the property and contents against<br />

the inventory prepared at the beginning of<br />

the tenancy so that any disputes can be<br />

raised and resolved in regard to the deposit,<br />

they will also collect all keys and make the<br />

property secure, as well as taking the closing<br />

meter readings for utilities and the forwarding<br />

address of the tenants for billing reasons.<br />

As long as the property was professionally<br />

cleaned the property should be returned in a<br />

professionally clean condition for your next<br />

tenant or for you to move in to. Fair wear and tear<br />

must be considered, making an allowance for the<br />

original age, quality and condition of items at the<br />

beginning of the tenancy, the average useful life<br />

and reasonable expected usage of the items,<br />

the number and type of occupants in<br />

the property and the length of the<br />

tenant’s occupancy.<br />

A copy of the check out report will be<br />

supplied to you for your records and for<br />

your instructions regarding any proposed<br />

deductions from the tenant’s security deposit.<br />

Properties that are maintained to a good<br />

standard will secure better rental levels<br />

and tenants who are more likely to renew<br />

their tenancy. This avoids costly void<br />

periods. We can provide a list of approved<br />

contractors who will be able to estimate<br />

for maintenance and refurbishment.<br />

12


Important Information<br />

for <strong>Landlord</strong>s<br />

Legal responsibilities<br />

The <strong>Landlord</strong> and Tenants Act 1985 makes it<br />

an implied term of every tenancy that the landlord<br />

will “keep in repair the structure and exterior’<br />

of the property and “keep in repair and proper<br />

working order the installations in the dwelling for<br />

the supply of water, gas and electricity, and for<br />

sanitation, space heating and heating water.” The<br />

<strong>Landlord</strong> cannot make the tenant responsible for<br />

these repairs.<br />

There are several vital safety documents that<br />

must be obtained prior to letting a property<br />

to fulfil a landlords’ responsibility to prove the<br />

property is safe at the beginning of the tenancy<br />

and maintained for the duration in compliance<br />

with the <strong>Landlord</strong> and Tenant Act 1985, these are<br />

detailed below.<br />

The Housing Act 2004 relates to the risk<br />

assessment for residential properties called the<br />

Housing Health and Safety Rating System, this<br />

was developed to guide landlords to assess<br />

all hazards that may be found in a residential<br />

property and address the health impacts of poor<br />

housing, from lighting and socket provision to<br />

fire detection.<br />

A link to guidance on the Housing Health<br />

and Safety Rating System provided by the<br />

Department of Communities and Local<br />

Governments can be found on our website.<br />

The Regulatory Reform (Fire Safety)<br />

Order 2005 is law and builds on existing<br />

regulations to ensure the correct responsible<br />

person is able to take general fire precautions,<br />

to ensure as reasonably practicable the safety of<br />

people in the property and the immediate vicinity.<br />

Thorough guidance is provided within the<br />

LACORS Housing- Fire Safety guide which is<br />

available to download from our website.<br />

The Plug and Socket etc. (Safety) Regulations<br />

1994 and Electrical Equipment (Safety)<br />

Regulations 1994 are concerned with the safety<br />

of consumer goods, applying here to the rental<br />

accommodation and the electrical appliances<br />

within which should be inspected. <strong>Landlord</strong>s are<br />

responsible for ensuring electrical appliances<br />

supplied with the property are safe to use, this<br />

also applies to the mains wiring, sockets and<br />

lighting. We recommend general checks are<br />

carried out prior to the commencement of a<br />

tenancy, that appliances are checked annually<br />

and that the mains wiring and circuits are<br />

checked at least every five years. We can arrange<br />

for one of our reliable contractors to carry out the<br />

work on your instruction.<br />

A thorough <strong>Landlord</strong>s’ <strong>Guide</strong> to Electrical Safety<br />

is provided by the Electrical Safety Council, this<br />

is available to download via our website.<br />

The Building Regulations 1991 require that all<br />

properties constructed since June 1992 must<br />

have mains operated smoke alarms fitted on each<br />

floor, though the rule does not apply to properties<br />

built prior to this we recommend that any rented<br />

property has a smoke alarm fitted on each floor.<br />

13


Important Information<br />

for <strong>Landlord</strong>s continued<br />

The Gas Safety (Installation and Use)<br />

Regulations 1998 mean the landlord has a duty<br />

to make sure gas appliances, fittings and flues<br />

are safe and well maintained by using a Gas Safe<br />

registered engineer to provide an annual safety<br />

check. Records should be kept for 2 years with<br />

a copy issued to the tenant at the start of the<br />

tenancy or within 28 days to an existing tenant.<br />

For further information see A <strong>Guide</strong> to <strong>Landlord</strong>s’<br />

Duties for Gas Safety (Installation and Use)<br />

Regulations 1998 from the Health and Safety<br />

Executive on our website.<br />

The Furniture and Furnishings (Fire) (Safety)<br />

Regulations 1988 and The Furniture and<br />

Furnishings (Fire) (Safety) (amendment)<br />

Regulations 1993 requires that all furniture in<br />

rental properties must pass the “match and<br />

cigarette tests”. Approved furniture represents<br />

a lower fire risk and is less likely to produce<br />

noxious gasses if there were a fire. Most<br />

upholstered furniture will have a sewn in label<br />

showing that is has passed this test. If this label<br />

cannot be found the item cannot be used within<br />

the accommodation. Bed bases and mattresses<br />

are not required to bear a permanent label but<br />

compliance will be indicated if the item has<br />

a label stating that it meets BS7177. Period,<br />

antique or pre 1950 furniture is exempt from<br />

these regulations as are carpets and curtains.<br />

If a landlord is found to be negligent of<br />

these duties they may face fines or even<br />

a custodial sentence.<br />

Further guidance and advice available on<br />

our website:<br />

Information on the Tenants Deposit Scheme<br />

Guidance on the Housing Health and Safety<br />

Rating System provided by the Department of<br />

Communities and Local Governments<br />

LACORS Housing- Fire Safety <strong>Guide</strong><br />

<strong>Landlord</strong>s’ <strong>Guide</strong> to Electrical Safety by the<br />

Electrical Safety Council<br />

<strong>Guide</strong> to <strong>Landlord</strong>s’ duties for Gas Safety<br />

(Installation and Use) Regulations 1998 from<br />

the Health and Safety Executive<br />

Taxation<br />

Income from rental properties is subject to<br />

taxation and as such should be declared by UK<br />

residents to the Inland Revenue. Failure to do so<br />

can result in penalty and interest charges being<br />

imposed on unpaid tax.<br />

For landlords who are non-resident in the UK<br />

the Inland Revenue holds the agent liable for<br />

deduction of tax from rental payments. These<br />

are held by us and paid on a quarterly basis to<br />

the Inland Revenue.<br />

If you live or are intending to live overseas<br />

and have a good tax history, you can obtain<br />

exemption from being taxed at source. A tax<br />

exemption certificate must be acquired by the<br />

landlord. This has to be supplied to your agent to<br />

prevent tax deductions from your rental income.<br />

14


We can provide landlords with the appropriate<br />

application form and our agent reference number<br />

on request. Certificates are not transferrable<br />

between agents. Any reimbursements must<br />

be arranged directly between the non–resident<br />

landlord and the Inland Revenue.<br />

Tax Deductions<br />

All landlords are allowed to make certain<br />

deductions from income before calculating<br />

profit, these usually include:<br />

Agent commission, management fees<br />

and administration<br />

Tax accounting fees and certain<br />

legal expenses<br />

Ground rent on leasehold properties<br />

Buildings and contents insurance, rent<br />

guarantee premiums and any insurance<br />

claim fees<br />

Maintenance charges on leasehold properties<br />

and repair and maintenance of grounds,<br />

communal areas, roads and drains, the<br />

cost of lighting to common parts where the<br />

landlord is responsible<br />

Wear and tear allowance for<br />

furnished property<br />

Interest on loans for the purchase and<br />

improvement of investment property<br />

General repairs to the property and items<br />

during the property<br />

It must be noted that deductions only apply<br />

whilst the property is let or to let. We recommend<br />

that landlords take advice from a suitably<br />

qualified accountant.<br />

Insurance<br />

<strong>Landlord</strong>s should take care to confirm that any<br />

existing policies will provide appropriate cover<br />

for the property and its contents. If required<br />

the policy should be amended to suit the new<br />

property use. A failure to inform your insurer<br />

could invalidate any subsequent claim. A<br />

landlord must insure the building and any of<br />

their contents. The tenant must arrange their<br />

own contents insurance.<br />

If you have not selected the full management<br />

service Emergency Assistance Insurance can<br />

provide peace of mind and a cost effective solution<br />

in case of severe emergencies such as failure of<br />

electricity supply or cooking facilities, lost keys,<br />

plumbing problems, leaking roofs or the security<br />

of doors and windows. It must be noted that these<br />

policies are not a repair service through lack of<br />

routine maintenance. Mackenzie Smith can provide<br />

contact details for suppliers of this service.<br />

Legal Protection and<br />

Rent Guarantee<br />

Applicants are carefully assessed to determine<br />

their suitability and their ability to meet the<br />

requirements of the Tenancy Agreement;<br />

however tenants circumstances can change<br />

(illness, redundancy etc.) which may impede<br />

the tenant’s ability to pay the rent.<br />

Mackenzie Smith would strongly recommend<br />

that landlords consider taking up suitable rent<br />

and legal protection insurance to guard against<br />

unforeseen circumstances.<br />

We are unable to advise on specific products as<br />

we are not regulated by the FSA.<br />

15


<strong>Landlord</strong>’s<br />

Checklist<br />

<br />

Complete<br />

Energy Performance certificate (where applicable)<br />

Gas safety Certificate<br />

Electrical Safety inspection certificate<br />

Portable appliance testing (where applicable)<br />

Professionally clean carpets<br />

Professional clean of house to include:<br />

- Oven and hood, including filter<br />

- Windows<br />

- Paintwork<br />

- Inside of cupboards<br />

- Washing machine filter<br />

- Wardrobe interiors<br />

Mattress covers (if applicable)<br />

Fire Safety labels (if furnished)<br />

Clearance of loft void (if applicable)<br />

Sufficient sets of keys for Tenants and Letting Agent<br />

16


Complete<br />

General maintenance, check operation of:<br />

- Draws<br />

- Door hinges<br />

- Locks and window latches<br />

Check all light bulbs and shades<br />

Smoke alarm operational (ideally with new batteries)<br />

Check sealant on basins, baths and showers<br />

Check taps and shower hose for leaks<br />

Clean wheelie bins/dustbins<br />

Remove all rubbish<br />

Clean out garages or sheds<br />

Cancel direct debit payments to utility companies<br />

Arrange redirection of mail with the Post Office<br />

Arrange the termination of any media and telephone services<br />

Carry out garden maintenance to hand over in a neat condition<br />

Prepare a folder with useful household information, appliance<br />

instructions etc to be left in the property<br />

17


18<br />

Notes


mackenziesmith.co.uk

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